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B-129982, JAN. 8, 1958

B-129982 Jan 08, 1958
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TO CAROLINA FREIGHT CARRIERS CORPORATION: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 17. 060.12 HAVE NOT BEEN PAID. WE HAVE REVIEWED THIS ENTIRE FILE. WE CONCLUDE THAT YOU ARE NOT LAWFULLY ENTITLED TO ANY ADDITIONAL CHARGES FOR THE SERVICES IN QUESTION. SHIPMENTS IN SUCH QUANTITIES ARE ORDINARILY ENTITLED TO LESS-THAN-TRUCKLOAD RATINGS. THE CARRIER MUST PROVE THAT THE SHIPMENTS WERE GIVEN CAPACITY-LOAD SERVICE WITHIN THE MEANING OF THE TARIFF PROVISION. NO SUCH PROOF IS PRESENT IN THIS RECORD. IT IS NOTED THAT AFTER CONSIDERABLE CORRESPONDENCE ABOUT THIS MATTER. INFORMATION AS TO THE DIMENSIONS OF THE PARTICULAR VEHICLES IN WHICH THE SHIPMENTS WERE TRANSPORTED IS NOT AVAILABLE. EVEN IF IT WERE DEMONSTRATED TO OUR SATISFACTION THAT THE VEHICLES WERE LOADED TO CAPACITY.

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B-129982, JAN. 8, 1958

TO CAROLINA FREIGHT CARRIERS CORPORATION:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 17, 1957, YOUR CLAIM OC- 2131C AND PRO. 479750-1, WHEREIN YOU REQUEST INFORMATION AS TO WHY YOUR SUPPLEMENTAL BILLS NOS. 1-57FEM AND 2-57FEM FOR $1,060.12 HAVE NOT BEEN PAID. WE HAVE REVIEWED THIS ENTIRE FILE, BEGINNING WITH THE CORRESPONDENCE IN 1954, AND WE CONCLUDE THAT YOU ARE NOT LAWFULLY ENTITLED TO ANY ADDITIONAL CHARGES FOR THE SERVICES IN QUESTION.

THE TWO SHIPMENTS CONCERNED WEIGHED LESS THAN THE MINIMUM WEIGHT SPECIFIED FOR VOLUME SHIPMENTS. SHIPMENTS IN SUCH QUANTITIES ARE ORDINARILY ENTITLED TO LESS-THAN-TRUCKLOAD RATINGS. BEFORE THE CAPACITY- LOAD MINIMUM CHARGE PROVISIONS OF THE APPLICABLE TARIFF CAN BE APPLIED, THE CARRIER MUST PROVE THAT THE SHIPMENTS WERE GIVEN CAPACITY-LOAD SERVICE WITHIN THE MEANING OF THE TARIFF PROVISION. SEE CONTINENTAL MOTORS CORP V. WENHAM TRANSPORTATION, INC., 67 M.C.C. 83. NO SUCH PROOF IS PRESENT IN THIS RECORD.

IT IS NOTED THAT AFTER CONSIDERABLE CORRESPONDENCE ABOUT THIS MATTER, INFORMATION AS TO THE DIMENSIONS OF THE PARTICULAR VEHICLES IN WHICH THE SHIPMENTS WERE TRANSPORTED IS NOT AVAILABLE. BUT EVEN IF IT WERE DEMONSTRATED TO OUR SATISFACTION THAT THE VEHICLES WERE LOADED TO CAPACITY, WE STILL COULD NOT AUTHORIZE SETTLEMENT ON THE BASIS PROPOSED BY YOU BECAUSE THE TARIFF RULE YOU RELY UPON AND THE CHARGES OF THE KIND YOU SEEK HAVE BEEN DECLARED UNLAWFUL IN LIKE SITUATIONS BY THE INTERSTATE COMMERCE COMMISSION. SEE ROYAL MANUFACTURING CO., INC. V. HUBER AND HUBER MOTOR EXPRESS, INC., 66 M.C.C. 237, AND HORSMAN DOLLS, INC. V. RISS AND CO., INC., 66 M.C.C. 697.

THE BASIS FOR OUR AUDIT ACTION WHICH RESULTED IN THE RECOVERY OF OVERPAYMENTS ON THE SHIPMENTS INVOLVED WAS SET FORTH IN OUR DECISION OF MARCH 20, 1957 (AS HEREIN AMPLIFIED), AND NOTHING SUBMITTED BY YOU JUSTIFIES MODIFYING OUR DECISION SO AS TO ALLOW PAYMENT OF YOUR SUPPLEMENTAL BILLS. WE ARE, THEREFORE, CLOSING OUR FILE IN THIS MATTER.

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